I apologize for the long post in advance, but I’ve been receiving many questions about exempt vs. non-exempt classification of employees lately. This article is the first in a series of articles to help employers tread through this technical area, hopefully in a manner that makes it at least somewhat easier for employers to understand.
Five errors that make defending an employment lawsuit harder
In litigation, the following five issues make defending an employment lawsuit much more difficult. 
1. No documentation.
No matter what type of employment litigation is at issue – wage and hour claims, leave issues, or harassment claims – the amount of documentation an employer has dramatically increases the odds of prevailing in litigation. I would
Understanding immigration and labor reform laws on the federal and state level: President Obama’s immigration proposal and California’s change to immigration related laws in 2015
President Obama’s announcement of his controversial plan to provide amnesty for illegal 
immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to
Five lessons for employers from new meal break decision: In re Walgreen Co. Cases
An appellate court upheld a trial court’s denial of class certification in a case brought against 
Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations.
1. Meal break cases are harder to certify as class actions after the Brinker decision.
The California Supreme Court held in Brinker Restaurant
Friday’s Five: Five ways employers can receive requests for employees’ personnel and wage records
Employers can receive requests for employment records of current and former employees though 
different ways. It is important for employers to first carefully review the request to understand what is being requested. It is important to understand who is making the request? Is the request only seeking a personnel file? Is the request only seeking
Friday’s Five: Five items to understand about employee personnel files under California law
1. Current and former employees have the right to inspect or copy personnel files. 
Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three
Friday’s Five: Top Five Points To Understand About Mediation
Five items parties need to understand about mediation.
1. Mediation is non-binding.
Mediation is a voluntary process in which litigants (or even parties prior to litigation) agree to use a private third-party to help settle the case. People sometimes confuse mediation with arbitration. Arbitration is when parties agree to use a private third-party to hear
Friday’s Five: Five areas of liability facing California employers
1. Meal and rest breaks.
If you did not know of this exposure already existed in California, can I recommend some reading here, here and here? 
2. Exempt vs. non-exempt classification of employees.
The default under California law is that every employee is entitled to overtime pay at a rate of time and
Friday’s Five: Five legal pitfalls startup companies cannot make
1. Classifying all employees as independent contractors
To qualify as an independent contractor, the employer has the burden of proof to establish that the worker is actually an independent contractor and not an employee. I’ve discussed the parameter of this “economic realities” test here. In addition to owing unpaid minimum wages and potential unpaid
Friday’s Five: Five rules every California employer should know about providing final wages to employees
This Friday’s Five is coming out a little late in the day, but as they say, better late…. I’ve been fielding a lot of questions about final wage payment requirements. So here are five rules every employer should know about providing final wages to employees:
- An employee who is discharged must be paid all of